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Death Penalty

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Lethal injection is the practice of injecting one or more drugs into a person (typically a barbiturate, paralytic, and potassium solution) for the express purpose of causing rapid death. The main application for this procedure is capital punishment.

 

30 States have Death Penalty

3 States Inactive

17 States banned Death Penalty

 

There was no specific right to appeal a criminal case granted by the Constitution of the United States.  The right to appeal a case may be inferred from a couple of places in the Constitution, but, as the West's Encyclopedia of American Law (see link below) says,

There is no absolute right of appeal for all decisions rendered by a lower court or administrative agency.

The right to appeal a case may be inferred from Article I, Section 8 of the Constitution.  One clause of that section states that Congress has the right to set up courts that will be inferior to the Supreme Court. 

 

To constitute Tribunals inferior to the Supreme Court.

 

This implies that there will be appellate courts, which also implies that appeals will happen.

The right to appeal can also be inferred from Article III, Section 2.  That section says (among other things) that the Supreme Court will have appellate jurisdiction in certain types of cases.  This, too, implies that appeals are permitted.

The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. ... Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly. That the technical aspect of the proceeding were not violated.

The United States first created a system of federal appellate courts in 1789, but a federal right to appeal did not exist in the United States until 1889, when Congress passed the Judiciary Act to permit appeals in capital cases.

Two years later, the right to appeals was extended to other criminal cases, and the United States Courts of Appeals were established to review decisions from district courts. However some states, such as Minnesota, still do not formally recognize a right to criminal appeals.

 

Sources:

 

https://www.enotes.com/homework-help/what-part-u-s-constitution-mandates-right-an-234123

https://constitutionus.com/

https://www.uscourts.gov/about-federal-courts/court-role-and-structure/about-us-courts-appeals

https://worldpopulationreview.com/states/death-penalty-states/

 

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